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  1. #1
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    Who's Decision is abiding?

    I'm new to this site-excuse any naevity! I was stopped Dla in Sept 2013,set up appeal,that has taken 19months to be heard.That was on 9th of April 2015'
    Out of the blue,in Aug 2014,Dwp brought in Criminal case,to go back to 2009.for recovery of monies paid.that was heard on 10th April,Court ruling found I was NOT guilty of fraud charge,as consultant said,standing as witness,I was in the top 5% of severe asthmatics in UK.I also found out I had had PIP,awarded on appeal.
    My confusion lies in,what takes precedence.Dwp decision or Criminal Court ruling-obviously it's the weekend,no-one to ring.19months of hell.2 respiratory/coronary arrests,and I'm no further forward! Your thoughts be much appreciated

  2. #2
    Senior Member
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    Quote Originally Posted by ATTER View Post
    I'm new to this site-excuse any naevity! I was stopped Dla in Sept 2013,set up appeal,that has taken 19months to be heard.That was on 9th of April 2015'
    Out of the blue,in Aug 2014,Dwp brought in Criminal case,to go back to 2009.for recovery of monies paid.that was heard on 10th April,Court ruling found I was NOT guilty of fraud charge,as consultant said,standing as witness,I was in the top 5% of severe asthmatics in UK.I also found out I had had PIP,awarded on appeal.
    My confusion lies in,what takes precedence.Dwp decision or Criminal Court ruling-obviously it's the weekend,no-one to ring.19months of hell.2 respiratory/coronary arrests,and I'm no further forward! Your thoughts be much appreciated
    Higher courts are binding on lower courts. An example is the Crown Court binds all Magistrates Courts. Court of Appeal binds all Crown Courts and Magistrates Courts.

    The higher the court the power to bind all lower courts. The Civil and Criminal Court are separate. But the general rule is the higher court that made the ruling binds all lower ones, e.g the Supreme Court binds all courts.

    Which courts dealt with your criminal and civil trial?

  3. #3
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    Thanks for your reply.It was dealt with by Nottingham Magistrates Court,the Dwp appeals are held there now,at the 'Social entitlement chamber'.I'm not sure what to do now....

  4. #4
    vikstar
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    A quote from a rightsnet thread, http://www.rightsnet.org.uk/forums/viewthread/241/

    "”...In the meantime, you should ask your solicitors to attempt to stay the criminal proceedings pending the outcome of the appeal hearing. This is important because the final amount of the overpayment, which will influence a sentencing decision of the court in the event that you are found guilty, cannot be determined by the criminal court."
    It is advantageous to have your tribunal appeal heard before the criminal proceedings.

    An appeals tribunal make their decision based on the balance of probabilities, in criminal proceedings at a Magistrates Court (Mags) the prosecution (The DWP) must prove their case beyond all reasonable doubt.
    Last edited by vikstar; 14-04-15 at 13:00.

  5. #5
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    After 19 months of stress...at the weekend the fight seemed insurmountable....today,I'm determined to fight ...it's already cost me 3 days on a life support machine, they WILL NOT get away with it.Thanks for your reply

  6. #6
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    It seems as if 2 separate issues are being dealt with. One, is the fraud accusation and therefore termination of your DLA award. That was found to be in your favour. As such your DLA award should resume. As you applied to PIP, if your appeal is successful you will get PIP. DLA should run to the date your PIP claim started. The civil appeal is in regards to your entitlement to PIP.

    As Vikstar says, the criminal trial had to be proven to beyond a reasonable doubt, while you PIP appeal, is to a balance of probabilities, you just need to tip the scale very, very slightly for you to win.

    I hope the above helps, but they sound to be 2 separate issues.

    Both of those venues i.e Magistrates and Social Tribunal are first stage courts, neither bind the other. The courts may take account of the rulings but I doubt it, as one deals with DLA fraud the other PIP entitlement, hence separate issues.

  7. #7
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    Hi..I've been awarded Pip(found that out,day after Dla appeal heard at court,by ringing pip line,though magistrates knew...and got that backdated to 5/12/14) I've only just been able to brave looking at Decision account..they have dates,and facts all wrong.I was feeling disheartened,but now can't wait to go to 2nd tier appeal..Thanks for you're reply They need to go back to September 20013,to back date payments of Dla and Tax Credits

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